Law Call Recap: Legitimation and Child Custody in Georgia

Attorney Ashley M. Brodie has appeared as a guest host on Law Call, a Macon-based live TV program where callers ask legal questions. This post is part of a short recap series focused on legitimation, custody, and practical next steps for Georgia parents.

Quick Answer

In Georgia, when parents were never married, the father generally does not have enforceable custody or visitation rights until he takes legal steps to establish them. But child support can still be owed even when custody rights are not established.

The Caller’s Situation

A mother of two children (ages 8 and 10) called in. She was never married to the children’s father. The father had not gone to court to legitimate the children, and there was no custody order. Even so, the mother had been allowing regular visitation.

She also shared two concerns:

  • The father began telling the oldest child he planned to “get custody” and have the child live with him.
  • The father had not been paying child support.

The Caller’s Question

What should I do if I can’t afford an attorney, but I don’t want to lose custody of my children?

Ashley’s Answer in Simple Terms

Ashley explained that Georgia treats custody rights differently when parents were never married. Until rights are legally established, a father may not have enforceable custody or visitation rights under a court order.

At the same time, child support is a separate issue. A parent can still owe child support even when there is no custody order in place.

A Practical Step if Money is Tight

Ashley suggested starting with a child support case through Georgia’s child support services. That process is often lower-cost than private litigation, and it can create a formal support order.

She also explained that when there is no court order, informal arrangements can become stressful. This is especially so when a parent is making threats or putting pressure on a child.

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Talk to a Family Law Lawyer in Middle Georgia

If you are worried about custody threats, need a parenting plan, or want help with legitimation steps, we can help you understand your options and what to do next.

Call our office at (478) 239-2780 or start here: Middle Georgia family law attorneys.

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